Will Penalties for DWI in Minnesota Get Harsher?

Will Penalties for DWI in Minnesota Get Harsher?

Posted By
Joshua London

Tougher Minnesota DWI Laws on the Horizon

The Minnesota DWI Task Force is proposing tougher penalties for Minnesota’s
drunken drivers. According to a Star Tribune article, the goal of these
penalties is to encourage drivers to install ignition interlock in their
vehicles. According to the Star Tribune, studies show offenders who install
ignition interlock devices are less likely to be arrested for a repeat
offense. However the cost of such devices is rather prohibitive.

They cost around $100 to install and $100 a month in additional fees. Recognizing
this, Task Force Chair David Bernstein states “requiring ignition
interlock for all offenders is impractical, in part because some don’t
own cars or can’t afford the devices.” Despite this, one of
the Task Force’s proposals is to extend plate impoundment for all
drunken drivers and require those drivers to obtain ignition interlock
before getting their plates back.

Some of the task force’s other proposals include:

Increasing penalties for drivers who continue to drive after being revoked
for an alcohol related offense;

Decreasing the legal limit for enhanced penalties – from a BAC of
.20 to .16;

Making it easier for offenders to make partial payments on the $680 license
reinstatement fee; and

Reducing the need for drivers who do install ignition interlock to pre-pay
for a year of car insurance.

Interestingly Minnesota’s Impaired Driving Incidents have been declining
since 2006. In 2006 there were 41,951 total incidents and in 2013 there
were 25,719. However, the number of fatalities and injuries related to
impaired driving, while overall lower than in 2006, doesn’t reflect
a similar decline.

While these proposals are not law yet, they will certainly give legislatures
and Minnesotans something to chew on in the upcoming legislative session.

Sen. Ron Latz, DFL-St. Louis Park, who chairs the Senate Judiciary Committee, said lawmakers are likely
to consider the proposals, along with other potential reforms to the state’s
drunken-driving laws. However, he has concerns about the expense and punitive
consequences for first-time offenders.

“For most people, those are errors in judgment,” he said. “They’re
certainly dangerous, but in most cases they’re only one-time errors.
There are huge financial consequences and most people learn their lesson
just by going through the process.”

An Experienced Minnesota DWI Attorney Can Help

When you are arrested in Minnesota for
DWI, you will be given an opportunity to contact a DWI attorney for a consultation.
But, because refusal is a crime, a Minnesota DWI attorney is not permitted
to instruct clients to refuse the test. In other words, criminal defense
attorneys are not allowed to counsel a client to commit a crime. However,
it is still best to take advantage of the opportunity to contact a Minnesota
DWI lawyer. A DWI attorney can advise you on what possible consequences
you are facing and what steps you can take to ensure the reliability of
the blood alcohol test. For instance, an experienced Minnesota DWI attorney
might recommend privately obtaining a separate test at your own expense.

Our Minneapolis and St. Paul DWI lawyers understand that being arrested
for DWI can be scary and the criminal justice system is complex. Use the
time you are given to contact an criminal defense attorney for advice
one how to conduct yourself, how long you can expect to be held, and what
steps you should take once released from jail.